Hernandez will carry astronaut title on ballot

SAN ANDREAS - Jose Hernandez will be identified as an astronaut on the ballot for the June 5 primary election, a Sacramento Superior Court judge ruled Thursday.

Dana M. Nichols

Jose Hernandez will be identified as an astronaut on the ballot for the June 5 primary election, a Sacramento Superior Court judge ruled Thursday.

Mike Dillman of Manteca had filed a lawsuit to block Hernandez from referring to his career as a U.S. astronaut. The suit argued that Hernandez had not actually worked as an astronaut for several years, and thus California law bars him from using the title in the ballot.

Judge Lloyd G. Connelly noted that Hernandez was still on the NASA payroll during the first 14 days of January 2011.

"He was titled as an astronaut by NASA," Connelly said.

The judge rejected the argument that Hernandez was really only an astronaut when he flew in space, as he last did in 2009.

Democrats said the lawsuit is an indication of the difficulty Republicans have connecting with Latino voters and their fear that Hernandez, a Democrat, will defeat incumbent Republican Jeff Denham in the race for the 10th Congressional District.

"It's hard to believe they would do the same thing to John Glenn or Buzz Aldrin," said Tenoch Flores, California Democratic Party communications director.

Attorney Charles Bell, who represents Dillman, said he disagreed with Connelly's conclusion and suggested Hernandez might even have been on vacation during his final weeks with NASA.

"It is not at all clear whether he was actually working at the time," Bell said.

Bell declined to say what motivated Dillman's suit or whether Republicans were behind it. Dillman, a pastor in Manteca, has at times given the invocation at Republican events in southern San Joaquin County. Hernandez, in a written statement, said he never doubted he would be able to list himself as an astronaut.